The Short Title of this Act shall be “The Stamp Duties Act Amendment Act 1871” and the same shall come into operation on the first day of December one thousand eight hundred and seventy-one.

In the construction of this Act the expression “the said Act” means “The Stamp Duties Act 1866.”

From and after the commencement of this Act there shall be levied collected and paid for the use of Her Majesty and to form part of the ordinary revenue of New Zealand for and in respect of the several instruments matters or things described or mentioned in Schedule A hereto annexed or for or in respect of the vellum parchment or paper upon which the same shall respectively be written the several duties or sums of money and at the several rates set down in figures against the same respectively or specified and set forth in the said Schedule and the several provisions regulations and directions therein contained with respect to the said duties and the instruments matters and things chargeable therewith shall be deemed to be part of this Act and of the said Act and shall be applied observed and put in execution accordingly.

The Stamp duties now payable for and in respect of the several instruments matters and things mentioned or described in the Schedule A to this Act annexed whereon other duties are by this Act granted shall respectively from and after the day of the commencement of this Act cease and determine and the same are hereby repealed Provided that the Stamp duties now chargeable on any of the said instruments matters and things mentioned or described in the said Schedule and not the said other new duties shall be payable in respect of such of them as shall be made signed or dated at any time before the day of the commencement of this Act.

Within every District Land Registrar’s District constituted under “The Land Transfer Act 1870” every District Land Registrar before issuing a certificate of title shall ascertain if it be liable to any and what Stamp duty and for this purpose he shall have power to summon and examine on oath (which oath he shall have power to administer) the person making application to bring under the Act the land to be comprised in such certificate and any person in whose name the certificate is to issue And if any such person shall refuse or neglect to attend on being so summoned or to give such information as the District Land Registrar may consider necessary for the purposes aforesaid he shall for each offence be liable to a penalty not exceeding twenty pounds.

No certificate of title shall be issued by any District Land Registrar until he has satisfied himself as to the amount of Stamp duty payable thereon and before delivering up any such certificate he shall forward the same to the Commissioners to be stamped and a memorandum signed by any District Land Registrar shall be sufficient evidence to the Commissioners of Stamps of the amount of duty payable on any such certificate.

Notwithstanding anything in this Act or in “The Stamp Duties Act Amendment Act 1870” any certificate of title or other instrument registered under “The Land Transfer Act 1870” shall be valid and effectual although it, may have been insufficiently stamped or may not have been stamped at all.

When lands or other property shall be sold and conveyed to any person in consideration wholly or in part of any debt due to him or subject either certainly or contingently to the payment or transfer of any money or stock whether being or constituting a charge or encumbrance upon the property or not such debt money or stock is to be deemed the whole or part as the case may be of the consideration in respect whereof the conveyance is chargeable with ad valorem duty and notwithstanding the purchaser shall not be or become personally liable or shall not undertake or agree to pay the same or to indemnify the vendor or any person against the same.

With respect to the duties by this Act imposed on admissions or appointments as mentioned in Schedule A to this Act the fees and emoluments appertaining to any office or employment are where practicable to be estimated according to the average amount thereof for three years preceding the date of the admission appointment or grant and in other cases according to the best information that can be obtained.

Where any office or employment is granted anew to any person upon the revocation of any former grant thereof or appointment thereto in respect of which proper duty has been paid no duty is to be charged on the grant or appointment by way of renewal unless the salary fees and emoluments of the office or employment are in any manner augmented and in that case duty is to be charged on such last mentioned grant or appointment in proportion to the amount of the augmentation only.

Upon the promotion of any person from any office or employment as defined in the said Schedule in respect of which he has paid the proper duty to any other office or employment therein the appointment of such person to the office or employment to which he is so promoted is to be charged with duty in respect only of any augmentation in his salary fees and emoluments.

Every, person appointed or admitted to any such office or employment shall before he shall enter on the duties thereof pay the proper duty to the Commissioners in respect of such office or employment and no warrant or letter of appointment shall be issued or granted by the responsible officer of the department to which such office shall be attached or within whose control the same may be until he has satisfied himself of the payment of such duty Provided that any person who prior to the coming into operation of this Act may have been appointed to any office or employment as defined in the Schedule hereto and which would be liable to duty under this Act shall be deemed to have been appointed upon a duly stamped appointment or grant.

Whenever any person shall sell or dispose of any run or interest therein held under a license or lease or promise or contract of or for a license or lease from the Crown or in any other manner together with the stock thereon or shall sell any such run or station and any stock therewith then and in such case duty at the rate mentioned in Schedule I. of the said Act to be imposed in respect of the transfer of any run or station shall be imposed not only in respect of any run so to be sold as aforesaid but also in respect of any stock sold therewith or comprised in any assignment transfer or other instrument whether the same may be mentioned therein or not And it shall be lawful for the Commissioners to require the purchaser or other person tendering any assignment transfer or other instrument assigning or transferring such run and stock as aforesaid to make a declaration before a Justice of the Peace in the manner provided by “The Justices of the Peace Act 1866” as to the value of such run and stock or other property therein comprised and may in addition require such person to state in his declaration whether any other property was sold at the same time to any such purchaser or for the same consideration as therein expressed either wholly or in part.

No lease made for any consideration or considerations in respect whereof it is chargeable with ad valorem duty and in further consideration either of a covenant by the lessee to make or of his having previously made any substantial improvement of or addition to the property demised to him or of any covenant relating to the matter of the lease is to be charged with any duty in respect of such further consideration.

Every Company now incorporated in New Zealand or that may hereafter be incorporated whether under any Act for the registration or incorporation of Joint Stock Companies or incorporated by Act of the General Assembly and every Company carrying on business in the Colony whether incorporated in New Zealand or not except as hereinafter provided shall on or before the first day of January next and thereafter in every year at the expiration of twelve calendar months from the date of obtaining the same procure from the Commissioners a license in the form or to the effect in the Schedule B hereto And the Commissioners are hereby authorized to issue such license on the payment to them of the duty provided for in the Schedule A to this Act and upon production to them of the certificate of incorporation or other instrument incorporating or evidencing the incorporation of any such Company Provided that in the case of a Company not incorporated in New Zealand the Commissioners may require from such Company or any director manager secretary or other officer thereof such evidence of the due incorporation of such Company as may be satisfactory to the Commissioners Provided further that no Company incorporated by Act of the General Assembly shall be required to produce their Act of incorporation.

Nothing in the preceding section contained shall be deemed or construed to require any Company incorporated by virtue of being registered under “The Mining Companies Limited Liability Act 1865” or any Act amending the same or any Company incorporated under “The Joint Stock Companies Act 1860” for the working of Mines or for the cultivation preparation or dressing of the plant known as the Phormium tenax or New Zealand Flax to take out or obtain such annual license as hereinbefore mentioned.

No Registrar of Joint Stock Companies or other officer acting in that behalf shall issue any certificate of incorporation to any Company hereafter to be incorporated under “The Joint Stock Companies Act 1860” or any Acts amending the same until the full amount of duty provided by this Act to be payable in respect thereof shall have been paid to the Commissioners.

If any incorporated Company by this Act required to obtain an annual license shall at any time after the first day of January next carry on business or operations in New Zealand without having obtained such annual license as aforesaid or if on the expiration of such license any such Company shall neglect to renew the same within one calendar month after the expiration thereof such Company and every director secretary or other person acting in the management thereof shall be liable to a penalty of not less than fifty pounds and not exceeding one hundred pounds.

Upon the sale or transfer of any shares in the stock funds or property of any Corporation Company or Society in New Zealand (except where the same may be exempt from duty under the said Act or any Acts amending the same) or on the sale or transfer of any shares in any gold mining claim or in any other property held by virtue of a miner’s right or business license under “The Gold Fields Act 1866” or any Acts amending the same the full purchase money or consideration which shall be directly or indirectly paid or given or agreed to be paid or given for the same shall be truly expressed and set forth in or upon the principal or only instrument evidencing such sale or transfer And if in any such case the full purchase money or consideration shall not be truly expressed and set forth in the manner hereby directed the purchaser or purchasers thereof and also the seller or sellers thereof shall forfeit the sum of fifty pounds and shall also be charged and chargeable with and be holden liable to the payment of five times the amount of the excess of duty which would have been payable on such sale or transfer in respect of the full purchase money or consideration money as aforesaid in case the same had been truly expressed and set forth in or upon the same as required by the said Act or any Acts amending the same beyond the amount of the duty actually paid for the same which quintuple duty shall be deemed and taken to be a debt to Her Majesty the Queen her heirs and successors from the party or parties respectively hereby made liable to pay the same and shall and may be sued for and recovered accordingly If any party liable to the payment of any duty under this section shall give information to the Commissioners whereby such penalty or quintuple duty shall be recovered from any other party liable thereto the party giving the information shall not only be indemnified and discharged of his liability but shall be rewarded by the Commissioners out of the penalty or quintuple duty so recovered to such extent as the Commissioners may think proper but not exceeding one-half of what shall be so recovered and where any other person shall give information whereby any such penalty or quintuple duty shall be recovered he shall be rewarded in the like manner.

If any broker or other agent of any person or persons upon any such sale or transfer as aforesaid shall make or sign any contract or transfer upon which Stamp duty is chargeable and shall knowingly insert therein any other consideration than the full and true consideration therefor in manner required by the last section he shall be liable to all the penalties and liabilities by the last section imposed upon the persons therein mentioned and in addition thereto shall forfeit all right or claim to any brokerage commission or other remuneration for or in respect of any such sale or transfer as aforesaid.

The duty chargeable or imposed upon deeds instruments matters and things mentioned and set forth in the First Part of the said Schedule A may be denoted either by impressed or adhesive stamps but if adhesive stamps shall be used then such stamps shall only be affixed and cancelled by the Commissioners.

The duty chargeable or imposed upon the several instruments matters and things set forth in the Second Part of the said Schedule A may (subject to the provisions next hereinafter contained with respect to drafts and orders for the payment of money) be denoted either by impressed or adhesive stamps but if adhesive stamps be used thereon the same shall be cancelled by the person making signing giving or using the same respectively or if more than one person then by the person who shall first sign or use the same in the like manner as receipts given for or on payment of money to the amount of five pounds or upwards are now required by law to be cancelled.

The duties by this Act granted on drafts and orders for the payment of money may be denoted by impressed stamps or by adhesive stamps or partly by impressed stamps and partly by adhesive stamps and such duties shall be payable at the like time and times and where adhesive stamps are used the proper adhesive stamp for denoting the duty on any such drafts or orders shall be affixed thereon and be cancelled at the same time and times and in the like manner as is provided by the fifth section of “The Stamp Duties Act Amendment Act 1870” and under the like penalties respectively for any neglect thereof and the same section shall be read as if the same were inserted in this Act expressly in reference to the drafts and orders aforesaid and the duties by this Act granted thereon as well as to the several instruments in the said section mentioned.

The duties hereby granted on drafts and orders for the payment of money are granted in lieu of the duty of one penny thereon imposed by the said Act and the Acts amending the same and wherever in the said Act or any Acts amending the same the duty of one penny is imposed upon any draft or order for the payment of money or upon any hill of exchange the duty of twopence granted by this Act shall be payable thereon in lieu of the said duty of one penny.

The Commissioners of Stamp Duties shall provide all necessary stamps and dies for the purposes of this Act Provided that it shall be lawful for the said Commissioners to use any of the stamps or dies heretofore provided to denote any former Stamp duties for the purpose of expressing and denoting any of the duties hereby granted and to use two or more stamps or dies for denoting any one duty as occasion may require.

No deed or instrument executed or signed out of the Colony of New Zealand and relating to any real or personal property situate within the Colony or to any act matter or thing done or to be done in any part thereof and which if executed or signed within the Colony would be liable to Stamp duty shall be pleaded or given in evidence or admitted to be good useful or available in law or in equity unless it is duly stamped in accordance with the law in force in New Zealand at the time when it was first executed Provided that nothing herein contained shall be construed to prevent any such deed or instrument from being given in evidence in any criminal proceeding although it may not have the stamp required by law impressed thereon or affixed thereto.

The several deeds instruments matters and things mentioned and set forth in the Schedule C hereto are hereby exempted from all Stamp duties imposed by the said Act or any Acts amending the same Provided that any such deeds instruments matters and things heretofore executed made or signed shall and may be pleaded or received in evidence in any Court of Justice and shall be deemed to be good and available in law notwithstanding the same may not have been stamped as required by law And no person shall be liable to any penalty under the said Act or any Act amending the same for or by reason of any omission or neglect to have had stamped any such deed instrument matter or thing as last aforesaid Provided that where such duty as aforesaid shall have been paid in respect of any such deed instrument matter or thing such duty shall not be returned.

All the powers provisions clauses regulations directions allowances and exceptions fines forfeitures pains and penalties contained in or imposed by the said Act or “The Stamp Duties Act Amendment Act 1867” or “The Stamp Duties Acts Amendment Act 1869” or “The Stamp Duties Act Amendment Act 1870” or any Schedule thereto respectively relating to any duties of the same kind or description heretofore payable in New Zealand and in force at the time of the commencement of this Act shall respectively be of full force and effect with respect to the duties by this Act granted and to the vellum parchments paper instruments matters and things charged and chargeable therewith and to the persons liable to the payment of the said duties so far as the same are or shall be applicable in all cases not hereby expressly provided for and shall be observed applied allowed enforced and put in execution for and in the raising levying collecting and securing of the said duties hereby granted and otherwise in relation thereto so far as the same shall not be superseded by and shall be consistent with the express provisions of this Act as fully and effectually to all intents and purposes as if the same had been repeated and specially enacted mutatis mutandis with reference to the duties by this Act granted.

“The Unstamped Instruments Act 1858” is hereby repealed No deed or other instrument executed in any foreign country or in any part of the British dominions out of New Zealand and which by the law of the country in which the same shall have been executed would be inadmissible in evidence in such country by reason of the same not having been stamped according to the law of such country shall be inadmissible in evidence in New Zealand by reason only of the same not being stamped according to the law of the place in which the same shall have been executed Provided however that nothing herein contained shall be deemed to render valid in New Zealand any deed or other instrument executed out of New Zealand and which by the law of the place in which the same shall have been executed is void.

The eleventh section of the said Act is hereby repealed but this repeal shall not prejudice or affect any action or proceeding commenced under the provisions thereof before the coming into operation of this Act.